Revolutionary War Pension and Bounty Land Warrant Application File S. 39536, James Foster, Pa.

SERVICE
NUMBER
Pa.
Foster, James
S. 39536
CONTENTS

12.184 12.184
Virginia
James Foster
Berkley - in the State of Va who was a Mr. in the ————— commanded by Captain ————— of the Regt commanded by Col. Allison in the Pa. line for time.
Inscribed on the Roll of Virginia at the rate of 20 Dollars ————— Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of April 1833 and sent to Col. J. Faulkner, Martinsburgh Va.
Arrears to the 4th of March 1833 40- Semi-ant. allowance ending Sept — 10- 50-
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice - Clerk. Book E Vol. 6 Page 8-

A Court continued and held for Berkeley County at the Court House on Wednesday the 15 th day of August 1832.
"State of Virginia, Berkeley County Court, On this 15 th day of August 1832, person- ally appeared in open court, before the Justices of the Court of Berkeley County now sitting, James Foster, a resident of the County of Berkeley and State of Virginia, aged Seventy five years who being duly sworn according to law, doth on his Oath make the following de- claration in order to obtain the benefits of the Act of Congress passed June 7 th 1832.
He entered in Cumberland County Penn- sylvania as a private soldier in a com- pany of Volunteer Militia commanded by Captain James Campbell, in a Regi- ment commanded by Col. John Allison, and marched from thence to Amboy in the State of New Jersey. He remained at Amboy and its neighborhood until his first term of service expired. His first term was three months. He then re- turned home, and went out on a second tour of duty, in a company commanded by Captain John McClelland, in a Regiment commanded by Col. Samuel

Culbertson. The company was a Volunteer company. He marched to Philadelphia where he remained until the expiration of three months, that being the period of his second term of service. He has no other Documentary evidence of his services except his two discharges, the first from Captain Campbell, the second from Captain McClelland. and he knows of no person whose testimony he can procure, who can testify to his services. In reply to the particular interrogatories of the court,
 1. He was born in Ireland. He does not know the exact time of his birth. He thinks he is about seventy five years old.  2. No record of his age.  3. He was living in Cumberland Pennsylvania when called into service. He has been living in Virginia about fifty years.  4. Called into service as a Volunteer Militia man.  5. He does not recollect the names of any Regular Officers.  6. Received his discharges which are herewith enclosed.  7. He refers to Levi Henshaw a Justice of the peace in the county of Berkeley, and William Wilson of the same county to prove his age, and general reputation for service in the war of the revolution. 
James Foster.

We Levi Henshaw and William Wilson residing in the County of Berkeley, hereby certify that we are well acquainted with James Foster who has subscribed to and sworn to the above declaration; that we believe him to be seventy five years of age or thereabouts: That he is respected and beloved in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Levi Henshaw Sworn to in open court, William Wilson. 15 th August 1832.
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above named Applicant was a Revolutionary soldier and served as he stated. And the Court further certifies that it appears to them, that Levi Henshaw and William Wilson who signed the preceding certificate, are residents of the County of Berkeley, that they are credible persons, and that their statement is entitled to credit."
A Copy Teste Harrison Wirtz Sec.
Virginia. Berkeley County Court, J Harrison Wirtz Clerk of the Court

Court of Berkeley, do hereby certify that the foregoing proceeding is truly transcribed from the records of the proceedings of said Court.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court, at Martinsburg this 4 th day of September 1832 and 57 th year of the Commonwealth.
Garrison Waitt Clerk.
Virginia. Berkeley County Sct.
I Charles Brick presiding Justice of the County Court of Berkeley, do hereby certify, that Garrison Waitt under whose hand and seal of Office the foregoing proceeding of said Court is certified, is the Clerk of said Court, and that his certificate is in due form. Given under my hand and seal this 4 th day of September 1832.
Chas Brick
Garrison Waitt Clerk Berkeley Co

Canna Lister
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Col. James. Faulkner Martenburg Oakly Co. ya

BRIEF in the case of James Foster County of Berkeley in the State of Va (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17 3 Private Capt Campbell Col Allison   3 " Capt W. Belland Col Calcutson  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Cumberland Pa  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Nicholas Butts Examining Clerk.

39536
INVALID.
Rev
File No. 39536
James Hooker Rev Rev Rev
Act: 15 th March 15 th
Index:—Vol. 3 , Page 175
[Arrangement of 1870.]

James Foster

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Foster Barkly 6 th Pa which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no clergyman
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.